Agenda - Council - 07/28/2015 - Laserfiche WebLink

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WHEREAS, the current class V driveway and parking space ("Driveway") was constructed before the current Landowner purchased the Property and are located in an easement and does not meet the required setbacks from the northerly boundary of the Property; and WHEREAS, Landowner proposes to replace the current class V driveway with a permanent concrete driveway to Garage and parking space as shown on Exhibit "A;" and WHEREAS, Landowner was granted a Variance from the City per Resolution #15-07- 165 to encroach upon the required driveway setback for properties in the R-1 Residential District and an Easement located along the northerly boundary of the Property by a distance of five (5) feet and angling back towards the northerly Property boundary to the parking space as shown on Exhibit "A." NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. The City hereby approves an encroachment on and over the Easements by Landowner for the purposes of constructing a Driveway over that part of the Easements as shown in Exhibit "A" subject to the terms of this Agreement. Landowner shall not encroach upon the Easements greater than what is shown on Exhibit "A." 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easements. 3. Landowner shall be responsible for all costs relating to use, maintenance and repair of the Driveway. 4. Landowner agrees to maintain positive drainage on the Subject Property and existing grades at the property line so as not to negatively impact property to the north. 5. Landowner agrees that if the City, during its normal construction, reconstruction, maintenance and/or repair of the public utilities of the City located within the Easements including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and expedient to excavate within the Easements, Landowner shall be responsible for removing, reconstructing and/or repairing the Driveway and the City's only obligation shall be to 2